Dancing grrl

[Dancing grrl]

I have been an exotic dancer in Oregon for 9 years. for the last 4 years I've been a manager as well as performer. In all that time the girls and I have worked for tips only. I don't believe we meet the criteria for independent contractors but our boss says thats what we are. All of his employees who are not dancers get a competitive wage health benefits and vacations while we are paying him a 'stage fee' to work! Is this legal and can we negotiate for back wages? By the way all of his paid employees are men he will never hire women for paid positions and it doesn't seem fair.

 

[lawguy]

yep; your suspicions are correct:

1. you're likely an employee rather than an independent contractor (this issue has been litigated in California with the Mitchell Bros., and elsewhere, including Martin v. Priba Corp. (TX 1992) 1 WH Cases 2d 137, The Lonely Lady v. Alaska Dept. Of Labor (AK 1987) 27 WH Cases 1709; in each case, the exotic dancer was misclassified as an independent contractor, but the court decided they were employees and entitled to back pay, overtime, reimbursement of expenses, etc.)

2. yeah, they're probably discriminating on the basis of sex in hiring/employment.

negotiate? are you in a position of power or strength (i.e., are all the workers with you)? get a lawyer instead: they'll probably work on contingency (no fees, just a piece of the action). so, find a tough employee-oriented attorney who practices employment law (call your local bar association for a reference).

good luck.